(Updated on January 10, 2017)
Welcome to FitMomLife operated by A Merry Home, LLC. These Terms describe the terms and conditions applicable to your access and use of the website www.fitmomlife.com (hereinafter referred to as the “Site” or “FitMomLife”). This document is a legally binding agreement between you as the user of the Site (hereinafter referred to as “you”, “your” or “User”) and A Merry Home, LLC (hereinafter referred to as “us”, “we”, or “our”).
1.Application and Acceptance of the Terms
1.2 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with FitMomLife, or (b) you are not permitted to receive any Services under the laws of United States of America or other countries / regions including the country / region in which you are resident or from which you use the Services.
1.3 You acknowledge and agree that FitMomLife may amend any Terms at any time by posting the relevant amended and restated Terms on the Site. By continuing to use the Services or the Site, you agree that the amended Terms will apply to you.
1.4 If FitMomLife has posted or provided a translation of the English language version of the Terms, you agree that the translation is provided for convenience only and that the English language version will govern your uses of the Services or the Site.
1.5 You may be required to enter into a separate agreement, whether online or offline, with FitMomLife for any Service (“Additional Agreements”). If there is any conflict or inconsistency between the Terms and an Additional Agreement, the Additional Agreement shall take precedence over the Terms only in relation to that Service concerned.
2. Provision of Services
2.1 You must register as a member on the Site or fill out a customer questionnaire in order to access and use some Services. Further, FitMomLife reserves the right, without prior notice, to restrict access to or use of certain Services (or any features within the Services) in our discretion.
2.2 No warranty or representation is given that a particular Service or feature or function thereof or the same type and extent of the Service or features and functions thereof will be available for Users. FitMomLife may in our sole discretion limit, deny or create different level of access to and use of any Services (or any features within the Services) with respect to different Users.
2.3 FitMomLife may launch, change, upgrade, impose conditions to, suspend, or stop any Services (or any features within the Services) without prior notice except that in case of a fee-based Service, such changes will not substantially adversely affect the paying Users in enjoying that Service.
3. Users Generally
3.1 As a condition of your access to and use of the Site or Services, you agree that you will comply with all applicable laws and regulations when using the Site or Services.
3.2 You agree to use the Site or Services solely for your own private and internal purposes. You agree that (a) you will not copy, reproduce, download, re-publish, sell, distribute or resell any Services or any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc. available on or through the Site (the “Site Content”), and (b) you will not copy, reproduce, download, compile or otherwise use any Site Content for the purposes of operating a business that competes with FitMomLife, or otherwise commercially exploiting the Site Content. Systematic retrieval of Site Content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from FitMomLife is prohibited. Use of any content or materials on the Site for any purpose not expressly permitted in the Terms is prohibited.
3.4 FitMomLife may allow Users to access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise), API or otherwise to such third parties’ web sites. You are cautioned to read such web sites’ terms and conditions and/or privacy policies before using the Site. You acknowledge that FitMomLife has no control over such third parties’ web sites, does not monitor such web sites, and shall not be responsible or liable to anyone for such web sites, or any content, products or services made available on such web sites.
3.5 You agree not to undertake any action to undermine the integrity of the computer systems or networks of FitMomLife and/or any other User nor to gain unauthorized access to such computer systems or networks.
3.6 By posting any information, content or material (“User Content”) on the Site or providing any User Content to FitMomLife, you grant an irrevocable, perpetual, worldwide, royalty-free, and sub-licensable (through multiple tiers) license to FitMomLife to transmit, distribute, reproduce, publish, duplicate, adapt, modify, translate, create derivative works, and otherwise use any or all of the User Content in any form, media, or technology now known or not currently known in any manner and for any purpose which may be beneficial to the operation of the Site, the provision of any Services and/or the business of the User. You confirm and warrant to FitMomLife that you have all the rights, power and authority necessary to grant the above license.
4. Member Accounts
4.1 User must be registered on the Site or fill out some questionnaires to access or use some Services (a registered User is also referred to as a “Member” below). Except with FitMomLife’s approval, one User may only register one member account on the Site. FitMomLife may cancel or terminate a User’s member account if FitMomLife has reasons to suspect that the User has concurrently registered or controlled two or more member accounts. Further, FitMomLife may reject User’s application for registration for any reason.
4.2 Upon registration on the Site, FitMomLife shall assign an account and issue a member ID and password (the latter shall be chosen by a registered User during registration) to each registered User.
4.3 A set of Member ID and password is unique to a single account. Each Member shall be solely responsible for maintaining the confidentiality and security of your Member ID and password and for all activities that occur under your account. No Member may share, assign, or permit the use of your Member account, ID or password by another person outside of the Member’s own business entity. Member agrees to notify FitMomLife immediately if you become aware of any unauthorized use of your password or your account or any other breach of security of your account.
4.4 Member agrees that all activities that occur under your account (including without limitation, posting or comment any information, accept any Additional Agreements or rules, subscribing to or making any payment for any services or sending emails will be deemed to have been authorized by the Member.
5. Member’s Responsibilities
5.1 You warrant and agree that you have full power and authority to accept the Terms, to grant the license and authorization and to perform the obligations hereunder;
5.2 Member will be required to provide information as part of the registration process on the Site or your use of any Service. Each Member represents, warrants and agrees that such information and material whether submitted during the registration process or thereafter throughout the continuation of the use of the Site or Service is true, accurate, current and complete.
5.4 Each Member represents, warrants and agrees that (a) you shall be solely responsible for obtaining all necessary third party licenses and permissions regarding any User Content that you submit, post or display; (b) any User Content that you submit, post or display does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party (“Third Party Rights”).
5.5 Each Member further represents, warrants and agrees that the User Content that you submit or post shall:
a) be true, accurate, complete and lawful;
b) not be false, misleading or deceptive;
c) not contain information that is defamatory, libelous, threatening or harassing, obscene, objectionable, offensive, sexually explicit or harmful to minors;
d) not contain information that is discriminatory or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
e) not violate other Terms or any applicable Additional Agreements;
f) not violate any applicable laws and regulations or promote any activities which may violate any applicable laws and regulations;
g) not contain any link directly or indirectly to any other websites which includes any content that may violate the Terms.
5.6 Each Member further represents, warrants and agrees that you shall/are:
a) carry on your activities on the Site in compliance with any applicable laws and regulations;
b) carry on your activities in accordance with the Terms and any applicable Additional Agreements;
c) not use the Services or the Site to defraud any person or entity (including without limitation, use of stolen credit/debit cards);
d) not impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity;
e) not engage in spamming or phishing;
f) not engage in any other unlawful activities (including without limitation those which would constitute a criminal offence, give rise to civil liability, etc.) or encourage or abet any unlawful activities;
g) not involve attempts to copy, reproduce, exploit or expropriate FitMomLife’s various proprietary directories, databases and listings;
h) not involve any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
i) not involve any scheme to undermine the integrity of the data, systems or networks used by FitMomLife and/or any user of the Site or gain unauthorized access to such data, systems or networks;
j) not engage in any activities that would otherwise create any liability for FitMomLife.
6. Breaches by Members
6.1 FitMomLife reserves the right in our sole discretion to remove, modify or reject any User Content that you submit to, post or display on the Site which we reasonably believe is unlawful, violates the Terms, could subject FitMomLife to liability, or is otherwise found inappropriate in FitMomLife’s opinion.
6.2 If any Member breaches any Terms, or if FitMomLife has reasonable grounds to believe that a Member is in breach of any Terms, FitMomLife shall have the right to take such disciplinary actions as it deems appropriate, including without limitation: (i) suspending or terminating the Member’s account and any and all accounts determined to be related to such account by FitMomLife in its discretion; (ii) restricting, downgrading, suspending or terminating the subscription of, access to, or current or future use of any Service; (iii) imposing other restrictions on the Member’s use of any features or functions of any Service as FitMomLife may consider appropriate in its sole discretion; and (iv) any other corrective actions, discipline or penalties as FitMomLife may deem necessary or appropriate in its sole discretion.
6.3 Without limiting the generality of the provisions of the Terms, a Member would be considered as being in breach of the Terms in any of the following circumstances:
a) FitMomLife has reasonable grounds to suspect that such Member has used a stolen credit card or other false or misleading information in any transaction,
c) FitMomLife has reasonable grounds to suspect that any information provided by the Member is not current or complete or is untrue, inaccurate, or misleading, or
d) FitMomLife believes that the Member’s actions may cause financial loss or legal liability to FitMomLife.
6.4 FitMomLife reserves the right to cooperate fully with governmental authorities in the investigation of any suspected criminal or civil wrongdoing. Further, FitMomLife may disclose the Member’s identity and contact information, if requested by a government or law enforcement body, or as a result of a subpoena or other legal action. FitMomLife shall not be liable for damages or results arising from such disclosure, and Member agrees not to bring any action or claim against FitMomLife for such disclosure.
6.5 Each Member agrees to indemnify FitMomLife directors, employees, agents and representatives and to hold them harmless, from any and all damages, losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from your submission, posting or display of any User Content, from your use of the Site or Services, or from your breach of the Terms.
7. Limitation of Liability
7.1 To the maximum extent permitted by law, the products and services provided by FitMomLife on or through the site are provided “as is”, “as available” and “with all faults”, and FitMomLife hereby expressly disclaims any and all warranties, express or implied;
7.2 To the maximum extent permitted by law, FitMomLife makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability, completeness or currentness of any information provided on or through the site;
7.3 Any material downloaded or otherwise obtained through the Site is done at each User’s sole discretion and risk and each User is solely responsible for any damage to FitMomLife’s computer system or loss of data that may result from the download of any such material.
7.4 The Site may make available services or products provided by independent third parties. No warranty or representation is made with regard to such services or products. In no event shall FitMomLife be held liable for any such services or products.
7.5 Each User hereby further agrees that FitMomLife is not responsible and shall have no liability to you, for any material posted by others, including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each User. FitMomLife reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with FitMomLife in asserting any available defenses.
7.6 FitMomLife shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, equity or otherwise or any other damages resulting from any of the following.
a) the use or the inability to use the Site or Services;
b) any defect in goods, samples, data, information or services purchased or obtained through the Site;
c) unauthorized access by third parties to data or private information of any User;
e) statements or conduct of any User of the Site; or;
f) any matters relating to Services however arising, including negligence.
7.7 Notwithstanding any of the foregoing provisions, the aggregate liability of FitMomLife, our employees, agents, representatives or anyone acting on our behalf with respect to each User for all claims arising from the use of the Services during any calendar year shall be limited to the greater of (a) the amount of fees the User has paid to FitMomLife during the calendar year and (b) the maximum amount permitted in the applicable law. The preceding sentence shall not preclude the requirement by the User to prove actual damages. All claims arising from the use of the Site or Services must be filed within one (1) year from the date the cause of action arose or such longer period as prescribed under any applicable law governing this Term of Use.
7.8 The limitations and exclusions of liability to you under the Terms shall apply to the maximum extent permitted by law and shall apply whether or not FitMomLife has been advised of or should have been aware of the possibility of any such losses arising.
8. Force Majeure
8.1 Under no circumstances shall FitMomLife be held liable for any delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
9. Intellectual Property Rights
9.1 FitMomLife is the sole owner or lawful licensee of all the rights and interests in the Site and the Site Content. The Site and Site Content embody trade secrets and other intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Site and Site Content shall remain with FitMomLife or licensors of the Site Content, as the case may be. All rights not otherwise claimed under the Terms or by FitMomLife are hereby reserved.
9.2 “FitMomLife” and “Fitmomlife.com” and related icons and logos are trademarks or trademarks or service marks of A Merry Home, LLC, and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
9.3 FitMomLife may have independent third parties involved in the provision of the Services (e.g., the authentication and verification service providers). You may not use any trademark, service mark or logo of such independent third parties without prior written approval from such parties.
10. Money Back Guarantee
FitMomLife has a 30 day 100% Money Back Guarantee. We are confident that our meal plans, workout programs, and any other activities will produce the results that the User or Member wants. However, if within the first 30 days of signing up you are not satisfied or simply just don’t like the services that we offer, we will give you a full refund. Can be done by sending an email to firstname.lastname@example.org and complete our refund request form and turn in your completed victory chart to show us that you gave the program your best effort.
11.1 All legal notices or demands shall be effective if either delivered personally to A Merry Home, LLC.
11.2 You agree that all agreements, notices, demands, disclosures and other communications that FitMomLife sends to you electronically satisfy the legal requirement that such communication should be in writing.
12. General Provisions
12.1 Subject to any Additional Agreements, the Terms constitute the entire agreement between you and FitMomLife with respect to and govern your use of the Site and Services, superseding any prior written or oral agreements in relation to the same subject matter herein.
12.2 FitMomLife and you are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms.
12.3 If any provision of the Terms is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall remain valid and be enforced.
12.4 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
12.5 FitMomLife’s failure to enforce any right or failure to act with respect to any breach by you under the Terms will not constitute a waiver of that right nor a waiver of FitMomLife’s right to act with respect to subsequent or similar breaches.
12.6 FitMomLife shall have the right to assign the Terms (including all of our rights, titles, benefits, interests, and obligations and duties in the Terms to any person or entity. You may not assign, in whole or part, the Terms to any person or entity.
12.7 The Terms shall be governed by the laws of Indiana, United States of America without regard to its conflict of law provisions and the parties to the Terms agree to submit to the exclusive jurisdiction of the courts of Indiana.